What is the process for obtaining a stay of execution pending an appeal?

In Kansas, if a person is convicted of a crime and sentenced to death, they may be able to obtain a stay of execution while their appeal is pending. A stay of execution temporarily suspends the death sentence until the appeal is decided. In order to obtain a stay of execution, the convicted person must file an application with the Kansas Supreme Court, usually through legal counsel. The legal team must present a compelling argument as to why the person deserves a stay of execution. The application must also include supporting evidence such as affidavits and legal briefs. When the application is received, the Supreme Court will review the submitted documents and determine whether a stay of execution is warranted. The court may also hear oral arguments from both sides and convene a hearing to consider the matter. Once a decision is made, the court will issue a written opinion explaining its decision either granting or denying the stay of execution. If the court grants the stay, the person will remain in custody but cannot be executed until the appeal is finished and the sentence is upheld. If the court denies the stay, the execution will proceed as scheduled.

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What is the process for obtaining a stay of execution pending an appeal?

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